Citation Nr: 21023709 Decision Date: 04/21/21 Archive Date: 04/21/21 DOCKET NO. 16-47 875 DATE: April 21, 2021 ORDER Vacatur of the July 30, 2020, Board decision which denied entitlement to service connection for a gastrointestinal disorder, to include Crohn’s disease and irritable bowel syndrome, as due to service in Southwest Asia and or caused or aggravated by the service-connected post-traumatic stress disorder (PTSD) with depressive disorder is granted. Entitlement to service connection for gastrointestinal disorder, to include Crohn’s disease is granted. FINDINGS OF FACT 1. In its July 30, 2020, the Board issued the decision before the extension to submit additional evidence had elapsed, depriving the Veteran of due process. 2. The weight of the evidence is at least in relative equipoise as to whether the Veteran’s gastrointestinal disorder, to include Crohn’s disease, is proximately due to, caused by, or aggravated by his service-connected PTSD. CONCLUSIONS OF LAW 1. The criteria for a motion of vacatur of the Board’s July 30, 2020, decision have been met. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.904. 2. The criteria to establish service connection for gastrointestinal disorder, to include Crohn’s disease, are met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty in the United States Navy from August 1989 to August 1993. For his meritorious service, the Veteran was awarded (among other decorations) the Southwest Asia Service Medal. This matter comes before the Board of Veterans’ Appeals (Board) from a May 2013 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). This matter was previously before the Board in December 2018 and it was remanded for further development. In July 2020, the Board issued a decision, denying service connection for gastrointestinal disorder, to include Crohn’s disease and irritable bowel syndrome. In August 2020, the Veteran filed a Motion for Reconsideration of the Board’s July 2020 decision. Vacatur Reconsideration 1. Vacatur of the July 30, 2020, Board decision which denied entitlement to service connection for gastrointestinal disorder, to include Crohn’s disease and irritable bowel syndrome, as due to service in Southwest Asia and/or caused or aggravated by the service-connected post-traumatic stress disorder (PTSD) with depressive disorder. The Board may vacate an appellate decision at any time upon request of the appellant or his or her representative, or on the Board’s own motion, when an appellant has been denied due process of law or when benefits were allowed based on false or fraudulent evidence. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.904. As noted above, in the July 2020 decision, the Board denied service connection for a gastrointestinal disorder. The Board finds that the July 2020 decision was issued before the extension to submit additional evidence had elapsed. In doing so, the Board did not consider relevant evidence related to the Veteran’s service connection claim. Accordingly, the Veteran’s motion for reconsideration is granted. Further, on the Veteran’s own motion, the July 30, 2020, Board decision denying service connection for gastrointestinal disorder, to include Crohn’s disease, is vacated; and the Board will issue a new decision addressing the claim on appeal. Service Connection 2. Entitlement to service connection for gastrointestinal disorder, to include Crohn’s disease. The Veteran is seeking service connection for a gastrointestinal disorder. The Veteran contends that his claimed gastrointestinal disorder is a result of his active service, to include service in Southwest Asia, and/or secondary to service-connected PTSD. Service connection may be granted directly as a result of disease or injury incurred in service based on nexus using a three-element test: (1) The existence of a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the present disability and the disease or injury incurred in or aggravated by service. See 38 C.F.R. §§ 3.303 (a), (d); Holton v. Shinseki, 557 F.3d 1363, 1366 (Fed. Cir. 2009). Service connection may also be established on a secondary basis for a disability that is proximately due to or the result of a service-connected disease or injury. 38 C.F.R. § 3.310 (a). Establishing service connection on a secondary basis requires evidence sufficient to show (1) that a current disability exists and (2) that the current disability was either (a) caused by or (b) aggravated by a service-connected disability. 38 C.F.R. § 3.310 (b). The Board concludes that the Veteran has a current disability that began during active service, and/or proximately due to, caused by, or aggravated by his service-connected PTSD. 38 U.S.C. §§ 1110, 1131, 5107(b); Holton v. Shinseki, 557 F.3d 1363, 1366 (Fed. Cir. 2009); 38 C.F.R. § 3.303(a). The medical record shows the Veteran has a current diagnosis of Crohn’s Disease. Thus, the question becomes whether the current disability is related to service. On this question there are probative opinions in favor of and against the claim. The Veteran’s claim has been denied on the basis that his claimed disability less likely than not related to his active service. There are competing opinions as to this issue. In support of the claim, the Veteran has submitted the medical opinion of M. Blevins, M.D. Dr. Blevins found that the Veteran’s Crohn’s Disease is related to the Veteran’s service. Moreover, she found that the Veteran’s psychiatric conditions aggravate the Veteran’s gastrointestinal disorder. The private examiner highlighted that stress and self-medicating with alcohol contributed to an aggravation of the Veteran’s Crohn’s disease. Dr. Blevins cited research and medical literature to support her opinion. Again, there is a contrary opinion to the private examiner’s conclusion. The Board refrains from summarizing it here, however, as in weighing these opinions, the evidence would be at least in equipoise. In such situations, benefit of the doubt must be afforded to the Veteran. Doing so here resolves the final element of the service connection framework in his favor. (Continued on next page) Thus, for the preceding reasons, service connection for Crohn’s disease is granted. Evan M. Deichert Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. Higgins, Associate Counsel The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.